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Duke  University  Libraries 
Correspondence 
Conf  Pam  #427 

DTT13T5T7T 


^^ 


'/  ''  I 


HOUSE  OF  REPllESENTATIVES,  1  ubniary  13,    1864.— Laid 
on  the  table  and  ordered  to  be  printed. 


MKS8AGE  OF  THE  PRESIDENT. 

Richmond,  Va.,  Feb  12,   18ti4. 

To  the  llou^i.  uf  Representatives  : 

In  response  to  your  resolution  of  the  29th  ultimo,  I  herewith 
transmit  for  your  information  a  communication  from  the  Secretary  of 
of  War,  submitting  copies  of  papers  relating  "  to  the  trial  and  con- 
viction of  W.  E.  Coftman  by  a  military  court,  "  and  to  "  a  writ  of 
habeas  corpus  issued  from  the  circuit  court  of  llockingham  county, 
Va.,  to  prevent  the  execution  of  said  Coffman.  " 

JEFFERSON  DAVIS. 


COMMUNICATION  FROM  SECRETARY  OF  WAR. 

Confederate  States  of  America,  ) 

War  Department,  ^ 

Richmond,  Va.,  February  II,   1864.) 

To  the  T resident  of  tlie  Confederate  States  : 

Sir:  1  have  received  the  following  resolution  of  the  llou^jc  of 
Representatives,  referred  by  your  Excellency  to  this  department : 

•'  Resulvtd,  That  the  President  be  respectfully  requested  to  com- 
municate to  this  House  all  the  orders,  correspondence  and  other 
papers  relating  to  the  trial  and  conviction  of  W.  E.  Coft'raan  by  a 
military  court,  under  orders  from  General  Imboden,  and  also  relating 
to  a  writ  of  habeas  corpus  issued  from  the  circuit  court  of  Jiocking- 
hain  county,  Va.,  to  prevent  the  execution  of  said  Coffman." 

In  response,  I  have  the  honor  to  transmit  herewith  the  papers 
called  for  by  the  House,  with  the  exception  of  the  record  of  the  court 
by  which  Mr.  Coffman  was  tried,  said  record  having  been  stolen  from 
the  oflicc  of  tho  provost  marshal  at  Harrisonburg,  as  will  appear  from 
the  enclosed  affidavit.  A  copy  of  General  Imboden's  order  directing 
the  execution  of  Coffman  is  transmitted. 

Very  respectfully,  your  obedient  servant, 

JAMES  A.  SEDDON, 

Secretary  of  War, 


Headquarters,  Staunton,  Va,,  Feb,  6.   1864. 

General  JS.  Cooper  : 

(iENEKAi-:    Enclosed  please  find  the  papers  in  the  case   of  W,  E, 
CofAnau.    As  you  will  see,  the  proceeding  of  court  martial  in  the  case 
have  been  ^itolen  from  the  office  of  provost  marshal  at  Harrisonburg. 
1  am,  General,  very  respectfully, 

Your  obedient  servant, 

J.  Q.  A.  NADENBOUSGH, 

Col.  commanding  post. 


Mount  Jackson,  Feb.  4,  1864. 

Captain  John  Avi?,, 

Pfovost  Marshal^  Staunton  : 

Captain:  I  enclose  you  a  copy  of  the  general  order  sentencing 
CofFman.  The  original  proceedings  in  the  case  were  sent  to  Harrison- 
burg in  December  to  be  used  in  the  habeas  corpus  trial  before  Judge 
Allen,  and  left  with  Captain  Smith,  provost  marshal.  I  understand 
the  record  was  stolen  from  Captain  Smith's  office.  I  write  to  him 
by  this  day's  mail  to  forward  you  the  record  if  it  has  been  found.  If 
not,  to  send  you  a  certificate  of  the  loss  by  theft  of  some  one.  The 
only  paper^  have  bearing  on  the  case  at  all,  are  the  general  orders  I 
made  convening  the  court  and  afterwards  sentencing  him  to  be 
hanged. 

Very  respectfully,  your  obedient  servant, 

J.  D.  IMBODEN, 

Brigadier  General. 


Provost  Marshal's  Office.      > 
Harrisonhurg,   Va.,  Feb.  6,   1864.  J 

T.  William  McK.  Wartmann,fsolemnly  swear,  that  I  am  a  clerk  in 
the  provost  marshal's  office,  Harrisonburg,  Va.  ;  that  some  time  in 
the  lattei''part  of  December,  1863,  Captain  Smith,  provost  marshal, 
handed  to  me  the  original  proceedings  of  the  court  martial  in  the 
case  of  Wm.  E.  Coffmau,  Avith  directions  to  copy  the  same  and  for- 
ward the  copy  to  Messrs.  Michie  and  Harman.  The  original 
papers  were  handed  to  me  late  in  the  afternoon,  and  not  having  time 
to  copy  them  on  that  day,  I  proceeded  to  put  them  in  a  private,  and, 
as  I  supposed  at  the  time,  a  secure  part  of  the  desk,  preparatory  to 
copying  it  in  the  morning.  No  one  was  in  the  office  but  myself  when 
the  papers  were  put  away.  On  entering  the  office  next  morning,  I 
found  everything  as  I  had  left  it  on  the  preceding  evening,  except, 
that  the  papers  above  referred  to,  had  been   abstracted  during  the 


!f-1 


night.  The  lock  of  the  office  door  had  been  temporarily  removed  for 
repairs,  and  it  is  presumed  the  tliief  made  n^^e  of  that  circumstance 
to  obtain  access  to  the  office  and  abstract  the  record.  !No  clue  to  the 
missing  record  has  been  obtained  since. 

WxM.  McK.  WARTMANN. 

Sworn  to  before  me  this  6th  day  of  February,   1864. 

0.  C.  STIRLING,  /.  P. 


Provost  Marshal's  Office,      } 
Jlarrixniihurs^.    Va.,  Feb.  G,  1SG4.  ji 

Captain  Avis,  Provost  Mars/in/  : 

Enclosed  please  find  affidavit,  directed  by  General  Imboden  to 
be  sent  to  you.  No  trace  of  these  papers  has  ever  been  discov- 
ered since  their  abstraction. 

Respectfully,  <^'c.. 

.T.  W.  G.  SMITH, 

Capt.  and  Pro.  Mar. 


IlF.AnQUARTERS  VaI.T.KY    DiSTRICT,      } 

Kratzcr'a  Sprhia.  Dec.  4,  1803.  I 

GENERAL  ORDERS,  }  * 

No.   14.  S 

I.  At  a  fjeneral  court  martial,  continued  and  held  at  these  headquar- 
ters at  Dudley's  fnnn,  on  the  3nd  day  of  November,  I  ><G3,  and  adjourned 
to  and  continued  and  held  at  itarrisonburir,  DofombcrS,  1SG3,  pursuant 
to  General  Onler^,  No.  4,  September,  1800.  from  these  headqup.rters, 
was  tried  William  E.  Coft'man,  a  citizen  of  Rockincfham  county.  Vir- 
ginia, on  the  followinn;  charge  and  specification  : 

(/HAR(.F,. — Violation  of  the  o7th  article  of  why 

Specification. — In  this,  that  the  aforesaid  "William  E.  Coft'man,  has 
been,  for  an  indefinite  time,  in  regular  correspondence  with  the  ene- 
mies of  the  Confederate  States,  without  authuvity  and  to  the  injury 
of  the  aforesaid  States.  Furthermore,  that  he  ha?  boon,  for  a  long 
time,  in  the  habit  of  lurking  in  the  neighhorliood  of  Confederate 
States  forces,  andgivingjinformation  and  intelligence,  gained  thereby, 
to  the  enemies  of  the  aforesaid  Confederate  States  ;  and  that  he  does 
not  belong  to  the  military  organization  Pithor  of  {ho  Vri'fof]  9--if,.«:or 
of  the  Confederate  States. 

finding. 

Of  the  specification.  niiiity. 

Of  the  charge,  {luiiry. 

SF.NTENCK. 

.\nd  the  coiu't  do  therefore  sentence  the  said  William  E.  Coffman  tcf 


i 

lie  hanged  by  tlie  neck  until  he  is  dead,  at  such  time  and  place  ns  the 
commanding  general  may  direct. 

But  the  court,  being  in  great  doubt  as  to  the  extent  of  the  juris- 
diction of  courts  martial  over  the  persons  of  citizens,  not  soldiers, 
guilty  of  the  crime  charged  against  the  accused,  expressly  decline  to 
decide  ^vhether  their  juri.-.diction  extends  to  the  person  of  William  E. 
('oilman,  •who  appears  to  be  a  citizen  of  the  State  of  Virginia,  and 
not  connected  with  the  antiy.  The  court  comes  to  the  anomalous  de- 
cision Avith  regret,  but  being  unable  to  decide  upon  the  propriety  of  ac- 
quitting the  accused  on  the  ground  of  want  of  jurisdiction,  and  being, 
by  the  doubt  entertained  upou  the  point,  unable  to  convict  and  sen- 
rence  him  absolutely,  they  proceed  upon  the  asssuvnption  that  the 
ordes  referring  the  case  to  thorn  for  trial  is  sufficient  authority  foi- 
their  jurisdiction  of  the  case,  and  make  their  finding  .ind  ^(nitencc 
dependent  upon  the  validity  and  legality  of  that  order. 

11,  The  proceedings,  findings  and  sentence,  in  the  forego! hl;  ca,<e, 
nvr  ;tpproved.  The  commanding  general  with  the  highest  respect  for 
the  opinion  of  the  court,  has  maturely  considered  its  qualificatlcn  of 
the  sentence,  arising  from  the  doubt  on  the  mind  of  the  court, 
•whether  it  had  jurisdiction  of  the  case,  and  making  its  sentence  de- 
pendent upon  the  validity  and  legality  of  the  order  of  the  command- 
ing general,  referring  the  case  to  the  court  for  trial,  which,  if  legal 
and  valid,  the  court  assumes  conferred  jurisdiction,  and  he  has, 
without  difficulty,  arrived  at  the  concluision  that  a  general  court  mar- 
tial has  jurisdiction  to  try  any  one — citizen,  alien  enemy,  or  soldier — 
for  a  violation  of  the  57th  article  of  War.  He  is  of  opinion  that  vio- 
lations of  said  article  of  war  can  only  be  punished  by  sentence  of  a 
court  martial  and  not  by  a  civil  tribunal.  The  pronoun  "''  whosever  " 
was  evidently  intended  to  mean  any  one  without  exception,  who  "  shall 
be  convicted."  kc.  If  Congress  had  intended  to  restrict  the  penalty 
of  the  57tli  article  of  war,  it  would  clearly  have  employed  the  re- 
strictive clause  "  belonging  to  the  armies  of  the  Confederate  States," 
found  in  the  5jth  article.  Not  having  done  so,  the  conclusion  seems 
irresistable,  that  the  broad  language  of  the  article  in  question  was  in- 
tended to  embrace  all  classes  of  persons,  without  exception,  as  capable 
of  committing  the  high  crimes  enumerated  against  the  military  code 
— the  articles  of  war  of  the  Confederate  States.  And  if  capable  of 
committing  the  crime,  they  must  b-3  amenable  to  the  tribunal  created 
for  the  trial  of  such  offenders — a  general  court  martial. 

The  commading  general  therefore  decides  without  hesitation  or  doubt, 
that  the  Court  had  jurisdiction  to  try  the  case  of  the  said  William  E. 
Goffman,  and  that  the  order  referring  said  case  to  tlie  court  was  legal 
and  valid. 

It  is  therefore  ordoi'ed  that  the  said  William  E.  Coff'raan  be  securely 
ironed  and  kept  in  close  confinement  until  Friday,  the  18th  day  of  De- 
cember, 18!)S,  and  that  on  that,  day,  between  the  hours  of  9,  A.  M. 
and  4,  P.  M.,  he  be  taken  thence,  under  charge  of  the  brigade  officer 
of  the  day,  and  hanged  by  the  neck,  in  the  presence  of  this  brigade, 
till  he  is  dead,  at  such  place  as  the  brigade  may  then  be  encamped,  or, 
if  the  exigen^^ies  of  the  service  shall  call  the  brigade  too  far  away. 


that  this  scntonco  be  carried  into  execution   by  the  provoi^t  marshal 
and  guard,  where  ho  may  be  confined  on  the  day  and  between  the 
hours  above  named. 
By  command  of 

J.  D.  IMBODEN, 
Brigadier  General  Commandine;. 

Mount  Jackson,  Shenandoah  Countv,  > 
F^'hruarij  4,    18G4.  ^ 

Official : 

F.  B.  Bfrkf.i.v,    a.  a.  a. 


OhFiCF.    J'liovosT  Marshal.  } 
Siaunto/i,  Docemher    17,    ISO.'i.       S 

(.Jenfrai.:  Please  see  enclosed  a  copy  of  wv'a  o^  habeas  cor pwi  yi\nc\\ 
has  just  been  served  on  me.  Not  knowing  whether  my  communication 
would  reach  you  or  not,  I  have  telegraphed  the  Secretary  of  War  for 
instructions  also.     Please  direct  me. 

I  have  the  honor  to  be,  very  respectfully, 

Your  obedient  servant, 

JOHN  AVIS, 
Captai:.,   Prornst  ]\Inrshal. 
Brigadier  General  J.  D.  I.MBonK?v,  commanding,  Ss'c. 


Thf.  Common wkalth  of  ViRf;iNFA  : 

To  the  Sheriff  of  Augusta  county,  and  to  Genera/  John  I).  lmhod(n^ 
Cap'ain  John  Avis,  Provost  Marshal  at,  Staunton,  and  George  Harlan, 
Jailor  of  Augusta  county  : 

Whereas,  it  is  allec'cd  by  William  E,  Cofimau  that  he,  a  citizen  of 
Rockingham  county,  in  Virginia,  in  no  wise  connected  with  the  army 
or  navy  of  the  Confederate  States,  and  not  liable  to  any  military 
duty  either  to  the  State  of  Virginia  or  to  the  Confederate  States  of 
America,  has  been  arrested  by  the  military  authorities  on  the  charge 
of  aiding  deserters  from  the  army  and  communicating  with  the  enemy. 
Has  been  tried  before  a  court  martial  at  the  camp  of  General  John  D. 
hnboden  and  sentenced  to  be  hanged  on  the  18th  day  of  December, 
1863,  and  is  now  confined  in  the  jail  of  Augusta  county,  Virginia, 
waiting  the  execution  of  said  sentence;  and  that,  as  such  citi/.en.  his 
saiti  iirrest,  trial  and  present  imprisonment  are  unlawful  ;  and  it 
appearing  from  the  sj)ecification  of  the  charge  upon  which  he  was 
thus  tried  that  the  said  ('oft'man  does  not  brdong  to  the  militar}' 
organization  ol'  either  the  Lnited  States  or  the   Confederate  States, 


and  the  court  expressly  dcclinin<i;  to  decide  Avhcther  their  jurisdiction 
extends  to  the  person  of  William  E.  Coft'man,  who  appears  to  he  a 
citizen  of  the  State  of  Virginia  and  not  connected  with  the  army,  but, 
finding  him  guilty,  submitted  their  action  to  the  commanding  general, 
making  their  finding  and  sentence  depend  not  upon  the  legality  and 
validity  of  the  order  referring  the  case  to  them,  which  finding  and 
sentence  are  approved  by  the  commanding  general,  John  D.  Imboden, 
who  thereupon  ordered  that  said  William  E.  Coffman  be  securely 
ironed  and  kept  in  close  confinement  until  Friday,  the  18th  daj  of 
December,  lS6.i,  and  that  on  that  day,  between  the  hours  of  nine,  A. 
M..  and  four,  P.  M.,  he  be  hanged  by  the  neck  till  he  is  dead  ;  and 
the  said  William  E.  Coft'man  having  prayed  that  the  Commonwealth 
writ  of  haheaa  corpus  ad  suhqucrondimi  may  be  awarded  him,  that  the 
cause  and  validity  of  his  said  arrest,  trial,  sentence  and  present  im- 
prisonment may  be  fully  enquired  into  and  adjudicated.  And  there 
l)eing  probable  cause  to  believe  that  the  said  Y\'illiam  E.  Coliman  is 
now  detained  without  lawful  authority,  therefore  you,  the  said  John 
D.  Imboden,  John  Avis  and  George  Harlan,  or  whoever  of  you  shall 
have  the  custody  or  control  of  William  E.  Coffman,  are  required,  in 
the  name  of  the  Commonwealth  of  Virginia,  to  bring  before  me  the 
body  of  the  said  William  E.  Coffman,  at  the  court  house  of  Rocking- 
ham county,  A'irginia,  on  the  2.'3rd  day  of  December,  1863,  together 
with  the  grounds  and  cause  of  said  arrest,  trial,  conviction,  sentence 
and  present  imprisonment,  the  record  of  his  said  trial,  and  all  other 
evidence  touching  the  case  which  the  truth  and  right  of  the  matter 
shall  demand,  and  him,  the  said  William  E.  Coffman,  you  shall  faith- 
i'ully  keep  until  he  shall  be  so  produced  and  his  cause  fuliy  investi- 
gated. And  you,  the  said  Sheriff  of  Augusta  county,  Virginia,  are 
hereby  required  forthwith  to  execute  this  precept  upon  the  said  John 
1).  Imboden,  John  Avis  and  George  Harlan,  and  make  a  return 
thereof  and  the  manner  of  executing  the  same  at  the  place  and  time 
when  and  where  the  same  is  returnable,  under  the  penalty  by  law 
provided.  Given  under  my  hand,  a  Judge  of  the  twelfth  judicial 
Circuit  in  Viiginia,  tliis  the  i(!th  dav  of  December,  ISCS. 

(Signed.)  '  d.  W.  F.  ALLEN, 

Ji/dfie   Twelfth   Judicittl  Circuit  in    Jirginia. 


Official  : 

John  Av 


Captain,    Provost  MarsJial. 


IIeapquarters  Vallky  District,  in  the  Field,  j» 

December   16,   1863.       S 

The  within  paper  lias  just  been  handed  to  me.  Assuming  it  to  be 
official,  I  acknowledge  service  thereof.  In  reply  thereto  I  decline 
obedience  to  the  writ  on  the  ground,  first,  that,  in  the  case  as  stated 
in  the  writ,  a  State  court  has  no  power  to  take  the  prisoner  out  of  his 
present  custody.      He  has  been  regularly  tried  before  a  court  martial. 


or;;aiiized  according  to  tlie  laws  of  the  Confederate  iStates  and  the 
articles  of  war  of  the  same,  and  found  guilty,  on  the  facts,  of  one  of 
the  highest  crimes  known  to  the  military  code. 

I  hold  that  none  but  a  Confederate  States  civil  court  can  revievr 
the  proceedings  of  said  court  martial. 

Secondly.  The  guilt  of  tlie  prisoner  being  clear  beyond  a  doubt,  he 
shall  not  escape  the  penalty  of  his  crime  on  a  m4rc  technicality,  if  I 
can  prevent  it.  I  have,  for  nearly  three  years,  been  exposing  my  life, 
as  a  citizen  of  Virginia,  to  defend  my  home  and  country  against  a 
barbarous  foe.  This  criminal  ceased  to  be  entitled  to  ])rotection  of 
our  laws  when  he  took  sides  with  our  enemy,  and  I  hold  I  had  the 
right  to  hang  him  as  soon  as  caught,  without  a  trial ;  but,  out  of  abun- 
dant caution,  I  gave  him  a  trial,  lie  is  found  guilty.  I  have 
sentenced  him  to  death  and  will  hang  him.  I  hold  myself  responsible 
before  the  courts  and  country  for  doing  what  I  deemed  a  righteous  act. 

J.  I).  IMBODEN, 
Brigadier  General  Commanding. 
A  copy : 

John  A\t.s, 

Captain,  Provoal  Maralial. 


Office  Provost  Marshal,  / 
Staunton.  Dec.  17th,  18G3.       S 

General:  At  the  8ara«i  time,  1  dispatched  to  you  for  instructions, 
in  regard  to  the  writ  of  habeas  corpus,  in  the  case  of  AVm.  E.  Coff- 
mon,  sentenced  by  court  martial  to  be  hung  to-morrow,  I  dispatched 
by  courier  to  General  Imboden,  enclosing  a  copy  of  the  writ.  Please 
see  enclosed  a  copy  of  the  writ,  with  General  Imboden's  return  ;  also 
a  copy  of  his  letter  ordering  me  to  proceed  to  execute  the  sentence 
at  the  time  and  place  ordered. 

Tu  the  meantime  receiving  your  dispatch  directing  mc  to  obey  the 
writ,  I  shall  suspend  the  execution  in  accordance  with  your  direction. 
I  will,  hoAvever,  hold  Cotlman  in  my  custody  until  the  day  designated 
in  the  writ,  and  in  the  event  no  farther  instructions  are  received  from 
you,  I  will  produce  him  as  recjuired.  All  papers  in  my  possession  in 
reference  to  his  case  arc  hci'cwith  forwarded. 

I  have  the  honor  to  be,  very  respectfully, 
Your  obedient  servant, 

-KJllN  AVIS, 
Vaptaiii.  Provost  Marshal. 
Gen.  S.  Cooi'ER, 

Adjutant  and  Jnspector  (.iencrul. 


8 

RiGHjioiNj),  Dec.    I7tli,  lt»Gc5. 
dipt.  John  Avis. 

Provost  Marshal, 
Obey  the  writ  of  habeas  corpus  in  tiie  case   of  W'ni,  E.  Cotfman,  and 
forward  papers  to  this  otHce. 

S.  COOPER. 


Office  Provost  Marshal,  > 
Staunton,  Dec.  1 7th,  1863.      ) 

General — Since  receiving  the  \yrit  with  your  returns,  and  also  your 
letter,  I  have  'received  the  enclosed  dispatch  from  General  Cooper. 
In  accordance  with  his  directions,  I  have  prepared  the  papers,  and 
will  forward  them  by  mail  to-morrow. 

I  have  the  honor  to  be.  General, 

A'^ery  respectfully,  your  obedient  servant, 
JOHN  AVIS,  Captain, 

Frovost  Marshal. 
Brigadier  General  J.  D.  Imbodenji 

Commanding  Valley  District, 

Brownsburg,  Va. 


llEAnQUARTERS,   VaLLEV    DlSTKICT,         i 

In  the  Field,  ^ 
December  17th,  1863.      V 

Capt.  John  Ams,  Provost  Marshal, 

Staunton,  Va.  : 
(Japtain  :  The  writ  of  habeas  corpus  in  the  case  of  Wm.  E.  Coffman 
has  just  been  received  by  me.  I  have  made  my  return  on  i* ,  and  send  it 
back  to  you.  You  will  please  retain  a  copy  of  the  writ  and  return, 
and  send  the  original  to  .ludge  Allen,  or  the  clerk  of  me  circuit  court 
of  Rockingham.  I  decline  to  obey  tlie  writ,  and  now  direct  you  to 
execute  the  sentence  of  death  on  William  E.  Coffman,  according  to 
the  order  in  his  case,  at  the  time  therein  mentioned.  I  assume  the 
wholo  respoutibility  of  the  execution,  and  also  the  responsibility  of 
ordering  jou  to  disregard  the  writ.  A  more  unmitigated  scoundrel 
was  never  hung.     I  will  camp  near  Brownsburg  to-night. 

Yours,  respectfully, 

J    D.  IMBODEN,  Brig.  General. 
A  true  copy, 
John  Avis, 

Captam,  Provost  .Marshal. 


[TELEGRAPHIC] 

Office  Provost  Marshal,      ) 
Staunton,  Fa.,  December  17,  1863.  > 

Gen.  S.  Cooper, 

Adjutant  and  Inspector  General,  Richmond  : 

W.  E.  Coffman  is  now  in  ray  custody,  sentenced  to  be  hanged,  to- 
morrow, by  court-martial.  A  writ  of  habeas  corpus  has  just  been 
served  on  me.  I  do  not  know  that  I  can  communicate  with  General 
Imboden.  What  shall  I  do  ?  Tried  under  the  fifty-seventh  article  of 
war. 

JOHN  AVIS, 
Captain,  Provoit  Marshal 


[TELEGRAPHIC] 

Office  Provost  Marshal, 
Staunton,  Va.,  December  17,  1863 


S.I 


S.  Cooper, 

Adjutant  and  Inspector  General,  Richmond,  Va.: 

Since  my  dispatch  to  you,  I  have  communicated  with  General  Im~ 
boden,  who  has  made  return  on  the  writ,  and  directs  me  to  execute 
the  man. 

JOHX  AVIS, 
Captain,  Provost  Marshal. 


[TELEGRAPHIC] 

Office  Provost  Marshal, 
Staunton,  Va.,  December  21,  1863. 


I 


General  S.  Cooper, 

Adjutant  and  Inspector  General,  Richmond,  Va. : 

Must  I  obey  the  writ  in  the  CofFman  case,  or  only  suspend  execu- 
tion ?  One  order  from  you  directed  me  to  obey  the  writ ;  the  other, 
to  suspend  execution  until  further  orders.  The  writ  is  returnable  on 
the  23d  instant. 

JOHN  AVIS, 
Captain,  Provost  Marshal. 


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